Stat Sick Pay

[OBonio]

My mother-in-law has been off work for a couple of weeks now with a bad hip after tripping over her dog. Her employer is refusing to pay her anything, saying that being over the age for state pension, SSP doesn't apply. The long and the short of this being that she's being forced to go back to work still with a bad hip despite the doctor having signed her off. This seems so wrong and I get the feeling her employers are taking advantage.

[Hgrove]

I hope someone can help you, but failing that, I recommend a Law Centre (find out your local one from a CAB). I have a horrible feeling the employer is technically correct, on the other hand, there may be some other benefit she is entitled to instead of SSP. (P.S. assuming your mother in law is in the UK).

[BenDToy]

It should all be laid out in her contract of employment. If she doesn't have one then that is a sparate problem, but I don't believe there is any requirement for an employer to pay sick pay. I think that the DoE pay it after 1 week. Hasppy to be corrected if I am wrong here.

[WoWo]

BenDToy you are half correct. The employer has no legal obligation to pay somebody who is off sick, however they do have to pay SSP and claim that back of the government. However as per the question as she is over 65 this does not apply. I'm sure they would be some for of incapacity benefit avaliable so do as Hgrove says and get down to the CAB and see what they say.

[hectic]

Not quite sure about the sick benefit but I will say that if your Mother is working when she has been signed off by a doctor then her employers liability insurance will be void should anything happen whilst she is signed off, so her employer is in breach of this

[saffstar]

Unfortunately, if she's over 65 (even for women with a state retirement age of 60, this is the relevant age), SSP doesn't apply but the employer should give her an SSP1 form stating the reason why she is not eligible for SSP. If she's over state pension age she's not entitled to incapacity benefit either but if she takes the SSP1 to a Job Centre, she may be eligible for Income Support instead. If she's not over 65, I'd pop to your local Inland Revenue office for advice.